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(영문) 수원지방법원 평택지원 2018.03.27 2017가단60565
임대차보증금
Text

1. The defendant shall pay KRW 60,000,000 to the plaintiff simultaneously with the delivery of heading C 402 from the plaintiff.

2...

Reasons

1. Facts of recognition;

A. On July 15, 2015, the Plaintiff entered into a lease agreement with the Defendant for KRW 150,000,000 and KRW 2 years with respect to Pyeongtaek-si C 402 (hereinafter “instant housing”) (hereinafter “instant lease agreement”), and the Plaintiff paid the deposit to the Defendant and occupied the instant housing.

B. The above lease agreement expired on June 10, 2015, but implied renewal was made on September 2017, and the Plaintiff and the Defendant agreed on the instant lease agreement.

C. On October 12, 2017, the Plaintiff notified the Defendant at any time whether a new director should contract a house to the Defendant, and the Defendant, on October 13, 2017, notified the Plaintiff of the time to refund the deposit. On October 13, 2017, the Plaintiff agreed to set the date as soon as the deposit would be reduced as the Plaintiff did.

On October 20, 2017, the Plaintiff: (a) on November 27, 2017, the Plaintiff returned the deposit to the Defendant; and (b) on October 23, 2017, the Defendant paid the money to the Plaintiff without the molding date.

E. On October 23, 2017, the Plaintiff entered into a sales contract with Pyeongtaek-si Eable 109 Dong 1104 with the lease deposit of KRW 210,000,000 and the lease deposit of KRW 27 from November 27, 2017 to November 27, 2018. On October 24, 2017, the Plaintiff paid KRW 10,000,000 to D deposit.

F. On November 27, 2017, the Defendant notified the Plaintiff on November 27, 2017 that only KRW 120,000,000 out of the deposit will be paid, and that the remainder KRW 30,000,000 should be suspended. On November 25, 2017, the Plaintiff notified the Defendant that if the Plaintiff did not timely directors, the contract deposit amount of KRW 10,000,000 under the lease agreement for the newly established apartment and KRW 1,20,000 should be claimed for damages.

G. When the Plaintiff was unable to receive the full amount of the lease deposit from the Defendant, the Plaintiff renounced the director, and was subject to forfeiture of KRW 10,000,000 as the down payment under the lease contract for the new apartment.

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